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ILR under long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jakfzs77
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Posts: 36
Joined: Tue Feb 01, 2011 11:26 pm
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ILR -GAP AND P60 ....PLEASE ANYONE HELP

Post by jakfzs77 » Wed Feb 02, 2011 1:12 pm

Hi, I would like to get some information regarding my 10 year ILR.

Background:

I come UK on student visa in 2001 and now on work permit till 2013.

student Visas
1:(02-09-2001) to (31-10-2004)
2:(11-10-2004) to (31-03-2006)
3:(25-05-2006) to (31-07-2007)
4:(12-07-2007) to (31-05-2008)

Work permit:
(06-05-2008) to ( 02-05-2013).

My 10 year will be completing in 02-09-2011.

I have following questions regarding my 10 year bases ILR.

Q1: I had a gap in my 3rd student extension visa. My 2nd student visa expire on 31-03-2006 by the time i got my 3rd student extension visa their is a gap showing from (31-03-2006) to 25-05-2006).Home said they cont able to take money from my debit card and HOME OFFICE Letter states:
"we notified you of failure to pay the prescribed fee in connection with your application.Over 28 days have passed since we notified you of your failure to pay and, as indicated in the letter, your application is being treated as having been withdrawn.If you wish to apply for leave in the united Kingdom you will have to make a new application."

I wonder that will BREAK MY CONTINUOUS LAWFUL STAY?


Q2: when i was on student visa i was doing different jobs till may 2008 by the time i got work permit.My work permit employer had a tuff time so i was working in others job till 2009.So i don't have any P60 FROM MY WORK PERMIT COMPANY FOR the year 2008-2009.

I am on payroll of my work permit company from OCT 2010.I do have P60 from others jobs.By the time i apply for ILR in august 2011 i will have P60 of (Oct10-mar11) plus pay slips for the month of April11,may11, June, July and august 11.

I would be grateful ,if any one help me regarding these issues.

Regards
Jak

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR -GAP AND P60 ....PLEASE ANYONE HELP

Post by geriatrix » Wed Feb 02, 2011 4:13 pm

jakfzs77 wrote:Q1: I had a gap in my 3rd student extension visa. My 2nd student visa expire on 31-03-2006 by the time i got my 3rd student extension visa their is a gap showing from (31-03-2006) to 25-05-2006).Home said they cont able to take money from my debit card and HOME OFFICE Letter states:
"we notified you of failure to pay the prescribed fee in connection with your application.Over 28 days have passed since we notified you of your failure to pay and, as indicated in the letter, your application is being treated as having been withdrawn.If you wish to apply for leave in the united Kingdom you will have to make a new application."

I wonder that will BREAK MY CONTINUOUS LAWFUL STAY?
If you submitted the application again (as asked by UKBA) after your leave had expired (31-03-06), then it was an out-of-time application and, IMHO, breaks the continuous lawful stay.


regards

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Apr 01, 2011 11:39 pm

"we notified you of failure to pay the prescribed fee in connection with your application.Over 28 days have passed since we notified you of your failure to pay and, as indicated in the letter, your application is being treated as having been withdrawn.If you wish to apply for leave in the united Kingdom you will have to make a new application."
Why didn't you respond within the 28 days from the notice of payment failure?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ash786
BANNED
Posts: 947
Joined: Wed Jun 24, 2009 8:57 pm

Re: ILR -GAP AND P60 ....PLEASE ANYONE HELP

Post by ash786 » Sat Apr 02, 2011 10:40 am

jakfzs77 wrote:Hi, I would like to get some information regarding my 10 year ILR.

Background:

I come UK on student visa in 2001 and now on work permit till 2013.

student Visas
1:(02-09-2001) to (31-10-2004)
2:(11-10-2004) to (31-03-2006)
3:(25-05-2006) to (31-07-2007)
4:(12-07-2007) to (31-05-2008)

Work permit:
(06-05-2008) to ( 02-05-2013).

My 10 year will be completing in 02-09-2011.

I have following questions regarding my 10 year bases ILR.

Q1: I had a gap in my 3rd student extension visa. My 2nd student visa expire on 31-03-2006 by the time i got my 3rd student extension visa their is a gap showing from (31-03-2006) to 25-05-2006).Home said they cont able to take money from my debit card and HOME OFFICE Letter states:
"we notified you of failure to pay the prescribed fee in connection with your application.Over 28 days have passed since we notified you of your failure to pay and, as indicated in the letter, your application is being treated as having been withdrawn.If you wish to apply for leave in the united Kingdom you will have to make a new application."

I wonder that will BREAK MY CONTINUOUS LAWFUL STAY?


Q2: when i was on student visa i was doing different jobs till may 2008 by the time i got work permit.My work permit employer had a tuff time so i was working in others job till 2009.So i don't have any P60 FROM MY WORK PERMIT COMPANY FOR the year 2008-2009.

I am on payroll of my work permit company from OCT 2010.I do have P60 from others jobs.By the time i apply for ILR in august 2011 i will have P60 of (Oct10-mar11) plus pay slips for the month of April11,may11, June, July and august 11.

I would be grateful ,if any one help me regarding these issues.

Regards
Jak
1. I wonder why u did not reply within 28 days.
2. U ILR clock has stopped as u applied after u leave expires.
3. If you had applied within 10 days then u wud have been fine according to the ILR guidence as caseworker would have use discretion in this situation.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 04, 2011 2:55 pm

If you responded within 28 days, did you keep any proof of posting?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Angelica
Member
Posts: 122
Joined: Mon Sep 07, 2009 10:30 am

Post by Angelica » Wed Apr 06, 2011 1:32 am

vinny wrote:If you responded within 28 days, did you keep any proof of posting?
Does that matter?

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Apr 06, 2011 1:43 am

If he had responded within 28 days, then his student extension application shouldn't have been considered as withdrawn.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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